This Substitute for House Bill No. 368 is similar to the original bill in that it sets limits around the actions of law-enforcement agencies and officers, including the Department of Correction. Primarily, the bill prohibits detaining or extending the detention of any person based solely upon an immigration detainer or civil immigration warrant, with exceptions for a person who has been convicted of a violent felony, is a convicted sex offender, has 3 or more convictions for driving under the influence, or is a perpetrator of domestic violence. It also prohibits other law-enforcement actions relating to cooperation or enforcement of civil immigration law, requires certain reports from law-enforcement agencies, and grants the Attorney General investigative and enforcement power. This Substitute Bill is different from House Bill No. 368 in that it clarifies that law-enforcement may make limited inquiries regarding country of citizenship for purposes of complying with consular agreements, clarifies that initiating contact with federal immigration authorities is allowed only in limited circumstances set forth in this chapter, and makes technical corrections to ensure consistent terms are used throughout the chapter.
This Act disqualifies commercial airlines from receiving the aviation jet fuel tax exemption for economic development if they transport ICE detainees for deportation without meeting standards regarding presentation of judicial warrants and due process. This Act takes effect 30 days after its enactment into law.
Section 1 of this Act prohibits Department of Finance employees from disclosing any information about the citizenship or immigration status of any person that is contained in a tax return, tax document, or Department of Finance document, without Attorney General approval or court order associated with a felony criminal investigation or as otherwise provided by law. It also makes such disclosure a misdemeanor. Section 2 of this Act prohibits the Department of Labor employees from disclosing information about the citizenship or immigration status of any person that is contained in or attached to any Department of Labor document or database without Attorney General approval or court order associated with a felony criminal investigation or as otherwise provided by law. It also makes such disclosure a misdemeanor.
This Act prohibits discrimination in public schools, including school districts and charter schools, based on race, ethnicity, creed, color, religion, national origin, sex, sexual orientation, gender identity, protective hairstyle, body size, pregnancy or childbirth or related conditions, disability, genetic information, socioeconomic status, familial status, immigration status, or housing status. Under this Act, the Department of Education is required to update its regulations to align the protected classes therein with those in the general non-discrimination provision created by this Act. In addition to creating this non-discrimination provision [§ 136 of Title 14], this Act also does the following: 1. Aligns the protected classes in § 506, pertaining to restrictions on charter schools, with the newly created non-discrimination provision in § 136 of Title 14. 2. Amends the definition of bullying in § 4161 of Title 14 to include written, electronic, verbal, or physical acts that target a student, a school district or charter school volunteer, or a school district or charter school employee based on the target’s membership in any protected class under the newly created non-discrimination provision in § 136 of Title 14, or based on the target’s age. 3. Aligns the protected classes included in paragraph (b)(2)f. of § 4164 of Title 14 with the additional protected classes included in the newly created non-discrimination provision in § 136 of Title 14. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act limits circumstances in which personal identifiable information about applicants or holders of driving privilege cards may be released to those instances where the Delaware Attorney General gives specific approval or where the request for information is in a valid court order. It also amends existing provisions relating to disclosure of driver and motor vehicle information to limit the disclosure or re-disclosure of citizenship or immigration status information and related sensitive personal information. Such information may be released pursuant to a court order, with the approval of the Delaware Attorney General, for voter registration purposes, and where otherwise explicitly authorized by statute.
House Bill 151 prohibits the operation of private detention facilities in the State of Delaware. This means that all detention facilities in the state must be publicly owned and operated, directly affecting any private entities currently operating or planning to operate such facilities.
This House Concurrent Resolution urges Delaware schools and school districts to adopt and implement clear policies regarding immigration enforcement and emphasizes the importance of student safety and data privacy. It also requests that the Department of Education develop model policies to assist schools and school districts in the development and maintenance of clear guidance and messaging.
This Act requires the State to have a migrant education program to ensure that migrant children’s educational needs are met. The program must provide the same services that were provided or were required to be provided under the Elementary and Secondary Education Act on January 19, 2025. If federal funding is insufficient to meet the needs of migratory education, the Delaware Department of Education must identify, transfer, or request the appropriation of supplemental funding from the State or other sources to ensure no interruption in services.
Under this Act a law-enforcement officer of this State is not allowed to do any of the following: (1) Stop, question, arrest, search, or detain any individual based on actual or suspected citizenship or immigration status, or actual or suspected violations of federal civil immigration law. (2) Inquire about an individual’s immigration status, citizenship, place of birth, or eligibility for a social security number. (3) Make an arrest, detain, or prolong the detention of an individual based on civil immigration warrants or immigration detainers.
This Act prohibits the DOE, public schools, and operators of companies that hold digital student data from sharing student information with immigration enforcement agencies without permission from the DE AG.
